how to register notorised documents
Pramod Pawar
(Querist) 16 February 2010
This query is : Resolved
I purchased four plots, each of 600 sqft by paying cash amount from a person having power of attorny by way of notary in the year 2000 in state of maharashtra. plot is illigal means without non agreecultural.the person who was having power of attorny and was entered into agreement with me through notory now not alive.Now how I get registered that plot? which documents are necessary? please guide me.
Raj Kumar Makkad
(Expert) 16 February 2010
You should approach to the real owner of the agreed to be sold plots and insist for registration. If he do not get it register in your name then first serve a legal notice and on his failure to obye it file a suit for specific performance but first of all be confirmed to all facts of the matter by personally meeting with such owner of the land.
Parveen Kr. Aggarwal
(Expert) 16 February 2010
First of all, the transfer of immovable property through notarised document is no transfer at all. Section 17(1)(b) of the Registration Act, 1908 makes it compulsory that any transfer of immovable property of value exceeding Rs. 100 is to be compulsorily registered and section 49 provides that any such instrument not registered will have no legal effect. As such, the transfer in your favour is no transfer of title of the property.
The person having power of attorney with whom you had transaction is already dead.
If you are in possession of agreement to sell, you may enforce it against the original owner (giving power of attorney) being principal on whose behalf agent (power of attorney holder) entered into the agreement. But again it will be subject to law of limitation. If the date fixed for transfer of title in your favour expired more than three years ago, then your suit will be barred by limitation. However, if no such time limit for execution of deed of tranfer is fixed then you may serve notice on the original owner and upon his refusal, may file a suit for specific performance within three years.
adv. rajeev ( rajoo )
(Expert) 17 February 2010
I agree with RAj Sir.
If the real owner didn't agree to execute the regd., sale deed then file a suit for specific performance of contract with an alternative prayer that " If court comes to the conclusion that specific performance cannot be performed then defendant may kindly be directed to pay the earnest money"
Limitation to file the case is 3 years
